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Can I stay in my home?

(3 Posts)
bofski14 Tue 24-Nov-15 23:20:01

Long story short - bought an 80k property in 2013 joint mortgage/deeds with joint tenancy. 63k is owing. ExP paid the deposit and fees and has been the breadwinner. He earns £40-50k a year. I am a SAHM as I gave up my career to raise our 2 year old DD. I also cannot work as I have mobility problems for which I receive PIP but this is only guaranteed until Jan 17 then I have to reapply. This equates to about £6k a year. Plus I receive child benefit at £70ish a month.

He's been abusive and I've asked him to leave. Yes, it's that bad I would rather be on benefits than have his money.

Been to CAB today who have advised me I can get Child Tax Credit, Income Support, Council Tax Benefit and msintainence for our daughter from him. Possibly help for some of the mortgage. There is 15k in savings which he earned but is in my account because he gambles. He wants to split this NOW and buy me out in 3 months. I said no as I don't want to make any hasty decisions.

I've booked to see a solicitor on Saturday but can't wait until then. My question is - can me and our daughter stay here as long as we make the mortgage payments? I've heard of people being able to stay in their homes until their child is 18. Is that just a myth? And would the mortgage company let me stay here alone because my only income would be benefits and child msintainence. It would cover the payments.

fallenangel14 Wed 16-Dec-15 12:12:09

Bumping for you. Did you find out the answer?

Collaborate Wed 16-Dec-15 13:40:48

Under the Children Act the court can put the property in trust such that you and the child can live there to his exclusion, until the child becomes 18. Look for previous posts on this subject (it's Schedule 1 of the Children act 1989, of that helps), as there have been plenty.

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